Addressing Risks From WilmerHale
March 27, 2025
Action Summary
- Purpose and Background:
Address risks posed by law firms engaging in conduct detrimental to U.S. national security, public safety, and democratic processes. The order specifically targets practices by “Big Law” firms, using WilmerHale as a case study for partisan activities, discriminatory practices, and the weaponization of prosecutorial power. - Security Clearance Review:
Suspend active security clearances held by individuals at WilmerHale pending a national interest review; cease provision of government goods, services, and materials to the firm. - Contracting Measures:
Enhance transparency and accountability by requiring government contractors to disclose any business with WilmerHale, review existing contracts, and, where legally permissible, terminate those contracts to align with U.S. interests. - Alignment with Previous Orders:
References and maintains actions previously taken in Executive Order 14230 regarding similar discriminatory concerns with another firm. - Personnel Restrictions:
Limit access and hiring practices: Restrict federal government building access and official interactions with WilmerHale employees; discourage hiring of its employees by federal agencies without appropriate waivers. - General Provisions:
Maintain legal authority and budgetary discretion: Emphasize that the order does not impair existing departmental authority and is subject to applicable law and funding appropriations; it does not create enforceable legal rights.
Risks & Considerations
- The Executive Order targets law firms like WilmerHale, which could lead to increased scrutiny and potential legal challenges for universities that engage with such firms. This may affect Vanderbilt University’s legal partnerships and require a reassessment of current legal counsel arrangements.
- There is a risk of reputational damage if Vanderbilt is perceived to be associated with firms accused of undermining American interests. This could impact the university’s public image and stakeholder trust.
- The order’s emphasis on security clearance reviews and contracting restrictions could disrupt ongoing projects or collaborations that involve sensitive information or federal contracts, potentially affecting research and funding opportunities at Vanderbilt.
- Vanderbilt may need to evaluate its policies and practices to ensure compliance with the new federal guidelines, particularly in areas related to contracting and engagement with law firms.
Impacted Programs
- Vanderbilt’s Legal Affairs Office may need to conduct a thorough review of all legal partnerships and contracts to ensure alignment with the new executive order and avoid potential conflicts.
- Research departments that rely on federal funding or sensitive information may need to reassess their security protocols and partnerships to comply with the order’s requirements.
- The Office of Government and Community Relations might need to engage in dialogue with federal agencies to understand the implications of the order and advocate for the university’s interests.
Financial Impact
- The order could lead to a reevaluation of existing contracts with law firms, potentially resulting in financial implications if contracts are terminated or renegotiated.
- Vanderbilt may face increased legal and administrative costs associated with ensuring compliance with the order and managing any resulting legal challenges or contract disputes.
- There may be a need to allocate resources towards strengthening internal compliance and security measures to align with federal expectations.
Relevance Score: 4 (The order presents high risks involving security and potential major transformations of legal and contractual practices.)
Key Actions
- Vanderbilt’s Legal Affairs Office should review any existing or potential contracts with WilmerHale to ensure compliance with the new executive order. This includes assessing any legal services or partnerships that may be impacted by the order’s restrictions on security clearances and government contracts.
- The Office of Federal Relations should monitor developments related to the executive order to understand its broader implications on federal contracting and legal practices. This will help Vanderbilt anticipate any changes in federal policy that could affect its operations or partnerships.
- Vanderbilt’s Human Resources Department should evaluate its hiring practices to ensure they align with the executive order’s guidance on limiting engagement with employees from WilmerHale. This includes reviewing any current or future hires that may be affected by the order.
- The Department of Political Science could conduct research on the impact of the executive order on legal practices and federal contracting. This research can provide insights into how such policies affect the legal landscape and inform Vanderbilt’s strategic decisions.
Opportunities
- The executive order presents an opportunity for Vanderbilt’s Law School to explore new areas of research and education related to the intersection of law, national security, and government policy. By developing expertise in these areas, the Law School can enhance its curriculum and attract students interested in these critical issues.
- Vanderbilt can capitalize on the increased scrutiny of law firms by positioning itself as a leader in ethical legal practices and education. Hosting conferences, workshops, and public forums on the implications of the executive order can further establish Vanderbilt as a hub for innovative legal thought and practice.
Relevance Score: 3 (Some adjustments are needed to processes or procedures due to potential impacts on legal partnerships and hiring practices.)
Timeline for Implementation
- Immediate: The Attorney General, Director of National Intelligence, and other agency heads are instructed to immediately suspend any active security clearances pending review.
- Within 30 days: Agencies must submit an assessment of contracts involving WilmerHale to the Director of the Office of Management and Budget.
Relevance Score: 5
Impacted Government Organizations
- Department of Justice (Attorney General): Tasked with reviewing and, if necessary, suspending security clearances held by individuals associated with WilmerHale.
- Office of the Director of National Intelligence (ODNI): Required to participate in the review of security clearances to ensure they align with national security interests.
- Office of Management and Budget (OMB): Directed to identify government-provided goods, services, and facilities supplied to WilmerHale and to assess related government contracts.
- Executive Departments and Their Contracting Agencies: Instructed to review and potentially terminate contracts with WilmerHale or its affiliates, and to adjust interactions and hiring practices to safeguard national security.
- Office of Personnel Management (OPM): Consulted on waivers for hiring WilmerHale employees, ensuring that employment practices do not violate national security protocols.
Relevance Score: 5 (This directive applies broadly across the federal government, impacting multiple executive departments and agencies.)
Responsible Officials
- Attorney General – Tasked with suspending active security clearances held by individuals at WilmerHale pending a review.
- Director of National Intelligence – Required to participate in the security clearance review process.
- Heads of Executive Departments and Agencies – Instructed to take immediate action on both security clearance suspensions, contract reviews, and personnel guidance regarding interactions with WilmerHale.
- Office of Management and Budget – Charged with identifying all Government goods, property, material, and services provided to WilmerHale and collecting contract assessments from agencies within 30 days.
- Government Contracting Agencies – Directed to require disclosure from contractors on any business with WilmerHale and review contracts for potential termination.
- Agency Officials – Expected to provide guidance on limiting access to Government facilities for WilmerHale employees and to restrict hiring practices that may compromise national security.
Relevance Score: 4 (Directives affect agency heads responsible for implementing multiple high-level directives across security, contracting, and personnel policies.)